Law of Property Act, 1925

Running Head: Law of Property Act, 1925
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Law of Property Act, 1925
Table of Contents
Introduction:.........................................................................................................3
Law of Property Act, 1925...................................................................................3
Conclusion:...........................................................................................................5
References.............................................................................................................6

Law of Property Act, 1925
Introduction:
That it is general view under the provisions of the Law of Property Act, 1925 that the when
the land is owned by more than one owner by way of trust of land then it is considered as co-
ownership. Furthermore, It is most important to mention here that the co-ownership is of two
types such as joint tenancy and tenancy in common1. In the joint tenancy, all the co-owners
will hold the property collectively. In the tenancy in common, each of the owners will share
the property by specific shares such as 50% share or 80% share. It is furthermore relevant to
mention here that when the land is conveyed to the names of the more than one person than
the co-ownership of legal title would arise. As per Section 1(6) of the Law of Property Act,
1925, the co-ownership of the legal title could only be through the joint tenancy.
Further, it is submitted that as per Section 36(2) of the said act, there can be no severance to
the legal joint tenancy, to create the tenancy in common. In the present case, it is clear that A,
B, C and D had purchased the house in the year 2014 and the same was transferred in their
joint names. It is furthermore relevant to mention here that as the property is the co-
ownership of all the purchasers as the same was legally transferred in their joint names and in
that way they are the co-owner of the legal title.
Law of Property Act, 1925
That as per the provisions of the Law of Property Act, 1925 and from the facts of the present
case, it is prima facie clear that the Joint tenants are the entitled equally to the property in
total and it does not have the shares of individual in it. It is furthermore relevant to mention
here that in case the property is sold then all the co-owners are entitled to the shares of the
1 Des Butler, 'Enforcement Of Third Party Rights In Queensland under Property Law Act 1974
(Qld), S55' (1998) 14 QUT Law Review.